A blog that speaks freely about law, politics and the internet

Monday, 12 November 2012

Would a Royal Commission into institutional child sexual abuse be constitutional?

My colleague John Pyke raised an interesting question with me by email tonight; namely, whether one of the organistions that would be investigated as part of the proposed Royal Commission into institutional child sexual abuse, would bring a constitutional challenge arguing that the Commonwealth doesn't have the constitutional power to set up such an inquiry. Following the High Court's decision in Williams v Commonwealth earlier this year, I think such a challenge would certainly be arguable. That said, for public relations reasons alone, I can't see any organisation actually being willing to bring such a challenge.

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Would a Royal Commission into institutional child sexual abuse be constitutional?

My colleague John Pyke raised an interesting question with me by email tonight; namely, whether one of the organistions that would be investigated as part of the proposed Royal Commission into institutional child sexual abuse, would bring a constitutional challenge arguing that the Commonwealth doesn't have the constitutional power to set up such an inquiry. Following the High Court's decision in Williams v Commonwealth earlier this year, I think such a challenge would certainly be arguable. That said, for public relations reasons alone, I can't see any organisation actually being willing to bring such a challenge.

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About this Blog

This blog speaks freely about law, politics and the internet. While the focus is on Australia, developments in other nations around the world are considered as well.

Background

The title of this blog is inspired by the Opinion of the US Supreme Court in Board of Education v Barnette 319 US 624 (1943):
"But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order."